California Court of Appeal

An unfair business practice complaint, based on a hotel's practice of treating a room service charge as compensation to its employees, is not actionable without an allegation that the hotel deceives its guests, and because choosing room service and amount of gratuity is a choice made by patrons.

Appellate Information

• Decided 10/15/2002
• Published 10/21/2002

Judges

• BENKE, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
•  Morris and Associates, Stephen B. Morris, San Diego, and Mark C. Hinkley, for Plaintiff and Appellant.


• For Appellees:
  
•  Baker & McKenzie, Charles H. Dick, Jr., Katherine A. Bacal and Scott W. Sigman, San Diego, for Defendant and Respondent.